•Basic features of a property
–Control over the use of the property.
–Right to take any benefit from the property
–Right to transfer or sell the property
–Right to exclude others from the property
•Proprietary interests/rights in IP same as for tangible property
•Industrial Property and Non-industrial property (Copyright)
Historical background of IPR
•Venice, 15th century, Venetian Statute of 1474
•King Henry II of France, patent description
•English patent system foundation for Industrial Revolution
•16th century England – letter patent
•Statute of Monopolies- restricted the Crown’s power
•Paris Convention for the Protection of Industrial Property, 1883
–International Exhibition of Inventions in Vienna, Austria, 1873
•Stationers’ Company, England, 16th Century
•Statute of Anne, 1710 (Copyright Act)
•Berne Convention for the Protection of Literary and Artistic Works, 1886
•BIRPI, Bureaux Internationaux Réunis pour la Protection de la Propriété Intellectuelle, 1893
•WIPO, World Intellectual Property Organisation 1970
•WIPO joined the UN in 1974
History of Patent Law in India
–First law in 1856 (based on 1852 British Law), 14 year protection
–Patent Monopolies, 1859
–Patents and Designs Protection Act, 1872
–Protection of Inventions Act, 1883
–Inventions and Designs Act, 1888
–Indian Patents and Designs Act, 1911 (16 years)
–The Patents Act, 1970, on recommendations of Justice N. Rajagopala Ayyangar
•Primary objective of promoting the progress of scientific research and technology for public good
–Granting of exclusive rights to inventors over their inventions for a limited period
–Investors to invest in research and development so that inventors can invent
–Inventor gains monetary benefits by commercializing his invention
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